Notice to creditors

20 February 2019

TO the creditors of the parties listed as Defendants in the Schedule of Parties below.

TAKE NOTICE that on 1 February 2019, New Hope Corporation Limited ACN 010 653 844 and a number of its subsidiaries, together listed as Plaintiffs in the Schedule of Parties below, commenced proceedings in the Commercial List of the NSW Supreme Court, Case Number 2019/35120 (Proceedings). The Proceedings relate to certain assertions made by Wiggins Island Coal Export Terminal Pty Ltd ACN 131 210 038, the Nineteenth Defendant, regarding a Deed of Cross Guarantee entered into by the Plaintiffs on 31 July 2012.

On 19 February 2019, the Supreme Court of New South Wales at Law Courts Building, Queens Square, Sydney, made orders in the Proceedings that Northern Energy Corporation Limited (administrators appointed) ACN 081 244 395 represent all persons (whether now ascertained or ascertainable or not) (collectively, Creditors) who are not otherwise parties to the Proceedings and to whom now or at any future time a Debt (whether now existing or not) is or may at any future time be or become payable by the First to Eighteenth Defendants, where “Debt” means any debt or claim which is now or at any future time admissible to proof in the winding up of any of the First to Eighteenth Defendants. 

If you wish to be joined to the Proceedings, you must file and serve a motion, in the prescribed form, together with any affidavit on which you wish to rely.  The notice and affidavit must be filed with the Supreme Court of New South Wales and served on the Plaintiffs and Defendants at their address for service on or before 15 March 2019.

The addresses for service for the Plaintiffs and the Defendants are as follows:

  1. The Plaintiffs: c/o Gilbert + Tobin, Level 35, Tower Two, International Towers Sydney, 200 Barangaroo Avenue, BARANGAROO NSW 2000 (Attention: Colleen Platford / Crispian Lynch);
  2. The First and Second Defendants: c/o Johnson Winter & Slattery, Level 25, 20 Bond Street, SYDNEY NSW 2000 (Attention: Joseph Scarcella);
  3. The Third to Eighteenth Defendants: c/o Clayton Utz, Level 28, Riparian Plaza, 71 Eagle Street, BRISBANE QLD 4000 (Attention: Brett Cook); and
  4. The Nineteenth Defendant: c/o Ashurst, Level 11, 5 Martin Place, Sydney NSW 2000 (Attention: James Marshall).